Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11040 of 2018 Applicant :- Saraswati Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Shoeb Khan Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Mohd. Shoeb Khan, learned counsel for the applicant and Sri Kamal Singh Yadav, learned AGA along with Sri Vivek Dubey appeared for the State.
This is an application for bail on behalf of Smt. Saraswati Devi in Case Crime No. 51 of 2017, under Sections 498A, 304B IPC and Section 3/4 of D.P. Act, P.S. Nebua Naurangia, District- Kushinagar.
The submission of the learned counsel for the applicant is that she is the Up Mukhiya of Village- Gamheerpur Hasua, District- Siwan in the State of Bihar that is situate 100 km away from Kasba Nebua Naurangia, District- Kushinagar and the applicant resides at village Gamheerpur Hasua, District-Siwan in Bihar; that the fact that the applicant lives 100 km away in a village in Bihar is proven in the submission of the learned counsel for the applicant by the Ration Card and the Election Certificate, a copy of which is annexed as annexure-4 to the affidavit; that it is further submitted that the case and circumstances leading to the deceased meeting an untimely death is on account of issues between the husband and the wife who were living 100 km away to which the applicant is not a party; that allegations are general in nature; that no specific role is assigned to the applicant; that there is no demand of dowry or harassment or cruelty in connection with dowry immediately before the occurrence so as to attract the provisions of Section 304B IPC as said in paragraph 17 of the affidavit; that the applicant is an old woman with infirm health aged about 70 years suffering from various age related ailments as said in paragraph 16 of the affidavit; that co-accused Uma Shanker Prasad who is the father-in-law and identically circumstanced as the applicant has been admitted to the concession of bail by this Court vide order dated 17.07.2017 passed in Criminal Misc. Bail Application No. 25326 of 2017 on the foot of which the applicant is entitled to bail; and that the applicant is a respectable woman with no criminal history who is in jail since 01.02.2018.
Learned AGA has opposed the plea for bail with the submission that it is a case of an unnatural death of a wife in her matrimonial home within seven years of marriage with a background of dowry demand. He, however, does not dispute the fact that allegations are general in nature and the fact of parity.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of the punishment, the relationship of the applicant to the deceased but without expressing any opinion on merits, this Court finds the applicant to be entitled to bail.
Accordingly, the bail application stands allowed.
Let the applicant Smt. Saraswati Devi involved in the aforesaid case be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned with the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 27.3.2018 S. Thakur